STAFFCentral
Section 50 of The National Bank for Agriculture and Rural Development Act, 1981
- (1)The National Bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service.
- (2)Without prejudice to the provisions of sub-section (1), it shall be lawful for the National Bank to utilise, and for the Reserve Bank to make available, the services of such staff of the Reserve Bank on such terms and conditions as may be agreed upon between the National Bank and the Reserve Bank.
- (3)Subject to the provisions of sub-section (6), at any time before the expiry of six months from the appointed day, the Reserve Bank may, in public interest, transfer to the National Bank, such members of the staff of Reserve Bank whom the Reserve Bank considers as engaged, or as suitable to be engaged, in attending to the work of a nature which is same or similar to that which the National Bank may require for its efficient functioning, and upon such transfer they shall be deemed to be appointed by the National Bank under sub-section (1) with effect from the date of such transfer: Provided that every person so transferred may, before the expiry of a period of six months from the appointed day, or before the expiry of a period of thirty days from such transfer, whichever period expires later, elect to go back to the Reserve Bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the Reserve Bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the National Bank during the period he was a member of the staff of the National Bank.
- (4)(a) Any member of the staff of the Reserve Bank who is not appointed under sub-section (3), may, if he so desires, make an application to the Reserve Bank within six months from the appointed day, to be considered for appointment as a member of the staff of the National Bank.
- (b)The Reserve Bank may, in consultation with the National Bank, consider such application having regard to the suitability of the person so applying, the availability of vacancies in the National Bank, the exigencies of service in the Reserve Bank and the National Bank and such other factors as may be considered relevant in this regard, and, if the Reserve Bank is satisfied having regard to these factors, that such applicant is suitable for being so appointed recommend his appointment to the National Bank.
- (c)The National Bank may thereupon, within eighteen months from the appointed day, appoint such a person applying under this sub-section, as a member of the staff of the National Bank, and on such appointment, such a person shall be deemed to have been appointed in the National Bank under sub-section (3): Provided that the proviso to sub-section (3) and the proviso to sub-section (5) shall not apply in respect of such a person.
- (5)Notwithstanding anything contained elsewhere in this Act or in any other law or in any contract, for the time being in force, at any time before the expiry of six months from the appointed day, the Reserve Bank may, if it considers it necessary in consultation with the National Bank so to do in the interest of the National Bank, transfer on promotion any member of the staff of the National Bank to the Reserve Bank, and on such transfer to the Reserve Bank, each such member of the staff shall be deemed to be a member of the staff of the Reserve Bank and shall be entitled to the same salary, emoluments and other conditions of service to which he was entitled immediately before the date of such transfer, including benefits, if any, arising directly out of such promotion: Provided that every member of the staff who is transferred as aforesaid may, before the expiry of a period of six months from the appointed day or within thirty days from such transfer, whichever period expires later, elect to go back to the National Bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the National Bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the Reserve Bank during the period he was a member of the staff of the Reserve Bank.
- (6)Every person,--
- (a)who, immediately before the date appointed under sub-section (1) of section 16, is a member of the staff of the Agricultural Refinance and Development Corporation; or
- (b)who is a member of the staff of the Reserve Bank but whose services are being utilised immediately before that date by the said Corporation, shall be deemed to be appointed by the National Bank under sub-section (1) on the said date: Provided that every member of the staff of the Reserve Bank, who is so deemed to be appointed, and who was not recruited specifically for utilisation in the Agricultural Refinance and Development Corporation, may, before the expiry of a period of six months from the appointed day or within a period of thirty days from the date appointed under sub-section (1) of section 16, whichever period expires later, elect to go back to the Reserve Bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the Reserve Bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the National Bank during the period he was a member of the staff of the National Bank.
- (7)Notwithstanding anything contained in any other law or in any agreement, for the time being in force, no member of the staff shall be entitled to claim any compensation for, or in relation to any matter concerning, his transfer, appointment or as the case may be, return, under sub-sections (3) to (6) and no claim in respect thereof shall be entertained by any court, tribunal or other authority.
- (8)Subject to the provisions of sub-section (10) and sub-section (11), every member of the staff of the Agricultural Refinance and Development Corporation or of the Reserve Bank who is deemed to be appointed as a member of the staff of the National Bank under this section, shall be deemed to have been appointed by the National Bank on the same salary, emoluments and other terms and conditions of service to which he was entitled immediately before his appointment in the National Bank.
- (9)The provisions relating to superannuation benefits, namely, the regulations relating to provident fund and the rules relating to payment of gratuity and compassionate gratuity and any other provision relating to superannuation as are applicable to the staff of the Reserve Bank on the appointed day shall, so far as may be, apply to the staff of the National Bank, unless and until the National Bank alters or amends the same: Provided that after the appointed day, any such alteration or amendment may be effected by the National Bank as regards provident fund regulations in accordance with section 60, and as regards the other rules in the manner they would have been altered or amended but for this sub-section: Provided further that after the expiry of six months from the appointed day, the balances held in the Reserve Bank of India Employees Provident Fund to the credit of any member of the staff of the Reserve Bank whose services are transferred under this section to the National Bank and who does not opt to go back to the Reserve Bank, shall be transferred to, and held in, the Provident Fund of the National Bank on same or similar terms subject to which those balances were held earlier in the Reserve Bank of India Employees Provident Fund.
- (10)Notwithstanding anything contained in any other law, settlement, or agreement, every person employed by the National Bank or whose services have been transferred to the National Bank under this Act, shall be liable to serve anywhere in India.
- (11)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force, or in any award, judgment, decree, decision or order of any Industrial Tribunal, Court or other authority, or any settlement or agreement, made or entered into before the date of transfer to the National Bank of the services of any person under this section, the National Bank shall be free to alter, amend or repeal in such manner and to such extent it may consider necessary, any of the terms and conditions of service applicable to such persons whose services are so transferred to the National Bank and who are appointed in the National Bank under this section except that the National Bank shall not alter to their prejudice the terms relating to payment of salary and other emoluments, retirement benefits and eligibility for leave. Explanation.--For the purposes of this section, "appointed day" means the date of establishment of the National Bank under section 3.
Summary
- The National Bank has the power to hire its own officers and employees, and it can decide their pay and working conditions.
- The Bank can also use the staff of the Reserve Bank if both banks agree to the terms.
- When the National Bank was created, many staff members were transferred from the Reserve Bank and the Agricultural Refinance and Development Corporation.
- Transferred employees were given the option to go back to their original employer within a specific time frame, usually six months or thirty days depending on the situation.
- Employees who were transferred kept their same pay, retirement funds, and benefits, and the National Bank cannot change rules regarding their salary, leave, or retirement to their disadvantage.
- All employees of the National Bank must be willing to serve anywhere in India.
Practical examples
1Ramesh, an employee of the Reserve Bank, is transferred to the newly formed National Bank on 1 June 1982. He decides the new role is not a good fit and submits a written option on 15 June 1982 to return to his old job at the Reserve Bank.
2Sunita worked for the Agricultural Refinance and Development Corporation. When its business was absorbed by the National Bank, she automatically became a National Bank employee but kept her exact same salary and retirement benefits.
FAQ
1. Can the National Bank force an employee to take a pay cut after they are transferred from the Reserve Bank?
No. The Bank is free to change many working conditions, but the law specifically forbids it from changing a transferred employee's salary, retirement benefits, or leave eligibility in a way that harms them.
2. If a worker is transferred, can they sue for compensation because they were forced to change employers?
No, the law states that no staff member can claim any compensation for being transferred, and no court can entertain such a claim.
3. Does an employee have a choice to go back to their old job if they are transferred to the National Bank?
Yes, transferred staff from the Reserve Bank had a window, typically six months from the appointed day or thirty days from their transfer, to choose in writing to go back.
4. Can an employee refuse to move to a different city?
No, the law explicitly states that every person employed by the National Bank is liable to serve anywhere in India.
Test yourself
Q1.Section 50 of The National Bank for Agriculture and Rural Development Act, 1981, gives Reserve Bank staff a time limit from the appointed day to seek transfer or return. How is the appointed day defined in relation to Section 3 of the Act?
Q2.Under Section 50 of The National Bank for Agriculture and Rural Development Act, 1981, what happens to the staff of the Agricultural Refinance and Development Corporation when its assets are transferred under Section 16 of the same Act?
Q3.Under Section 50 of The National Bank for Agriculture and Rural Development Act, 1981, the National Bank can alter provident fund rules for transferred staff. According to the text, how must the Bank make these alterations after the appointed day?
Q4.Under Section 50 of The National Bank for Agriculture and Rural Development Act, 1981, what geographic limitation is placed on where employees must work?
Q5.Under Section 50 of The National Bank for Agriculture and Rural Development Act, 1981, what terms of service is the National Bank strictly forbidden from altering to the prejudice of transferred staff?
Q6.Under Section 50 of The National Bank for Agriculture and Rural Development Act, 1981, if an employee seeks financial compensation in court simply because they were transferred to the National Bank, what will happen?